09/09/2009 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
September 21, 2009
TO:
Suzanne A. Hutton
County Attorney
A TTN:
Kathy M Peters
Executive Assistant
FROM:
Isabel C. DeSantis, D. C.
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At the September 9, 2009 Board of County Commissioner's meeting, the Board approved
the following:
Windstorm Insurance Rate Challenge Mem9'andums ofVnderstanding with the cities of
a) Key West b) Marathon c) Key Colony Beach dYIslamorada, Village ofIslands and e) Layton
to share the costs of legal and actuarial services to challenge the intended increase in windstorm
rates. (The MOV with the City of Key West is to be in the amount of$41,000).
Enclosed for your handling are fully executed duplicate originals of the MOV's with the
City of Marathon, City of Layton, & Islamorada. Should you have any questions, please feel free
to contact our office.
cc: Finance
File
WINDSTORM INSURANCE RATE CHALLENGE
MEMORANDUM OF UNDERSTANDING
This Agreement is made and entered into by Monroe County (County), a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL
33040, and Islamorada, Village of Islands (Village), a municipal corporation of the State of
Florida and whose address is 81990 Overseas Highway, Islamorada, Florida 33036.
WHEREAS, the grass-roots organization Fair Insurance Rates in Monroe (FIRM)
requested assistance in providing legal counsel and a professional actuary to fight the intended
increase in windstorm rates by Citizens over the next several years; and
WHEREAS, in 2006, the County, with subsidization from Key West and Marathon,
contracted with Volpe, Bajalia, Wickes, Rogerson, & Wachs, P.A. ("Firm") to handle the provide
legal services and AIS Risk Consultants ("AIS") to provide actuarial services in challenging an
earlier insurance rate filing in by Citizens Property Insurance Corporation; and
WHEREAS, that challenge was highly successful in reducing the proposed rates to
below the then-existing rates charged for Monroe County properties; and
WHEREAS, Citizens Property Insurance Corporation has recently filed new rates
affecting Monroe County; and
WHEREAS, on August 12, 2009, the County entered into contracts with maximum
payments for services in challenging the windstorm insurance rates of $100,000 for the legal
services and $50,000 for the actuarial services; now therefore,
IN CONSIDERATION OF the mutual promises and conditions contained herein, the
Parties agree as follows:
1. TERM.
Subject to and upon the terms and conditions set forth herein, this Agreement shall be
effective August 12, 2009, and continue through December 31, 2009, unless earlier
terminated pursuant to the provisions in Section 11, below. Additionally, the term of this
Agreement may be extended by a written amendment executed by both parties.
2. OBLIGATIONS OF PARTIES.
(A) MONROE COUNTY
(1) The County shall contract with TIMOTHY WAYNE VOLPE ("Attorney") of the firm of
Volpe, Bajalia, Wickes, Rogerson, & Wachs, P.A. ("Firm") at an amount not to exceed
$100,000 for legal services for the purpose of challenging insurance rate filing in
2009 by Citizens Property Insurance Corporation.
(2) The County shall contract with AIS Risk Consultants ("Consultant") at an amount
not to exceed $50,000 for actuarial services the purpose of challenging the
insurance rate filing in 2009 by Citizens Property Insurance Corporation.
(3) Upon payment of the final invoices of the Firm and Consultant, County shall submit
a bill to City for payment of the applicable share of the costs which is based on
residency of Islamorada. In the event the total amount of the expenditures by the
County under the combined contracts with Firm and Consultant, is less than
$150,000, then County will bill Islamorada based on the percentage that the
combined costs to County are to the combined maximum of $150,000, which
percentage shall be applied to the maximum set by Islamorada.
(B) ISLAMORADA. Village shall pay to County a maximum amount up to $15,000,
based on the application of the percentage of residency of Islamorada to the total costs to
the County, as further described in 2(A)(3), above.
3. SCOPE OF SERVICES
The County shall provide, through contracts for legal and actuarial services, a
challenge to windstorm insurance rates filed in 2009 by Citizens Property Insurance
Corporation, including administrative hearings and litigation, as necessary, and any other
tasks reasonably related to the goals of the Parties regarding windstorm insurance.
4. COMPENSATION. The Parties agree to collectively fund the costs for windstorm
insurance rates filed in 2009 by Citizens during the term of this agreement. Monroe County
shall submit invoices to Islamorada for its share of the County's current billing from the Firm
and Consultant with copies of documentation that support the current billing. Payment shall be
made by Islamorada pursuant to the Local Government Prompt Payment Act. Islamorada
has been assured that similar memoranda of understanding are being entered between the
County and other municipalities based on residency and a $2.08 per resident basis, with pro
rata reductions if the services cost less than the maximum allowed by the contracts with the
Firm and Consultant.
5. RECORDS - ACCESS AND AUDITS. The Parties shall maintain adequate and
complete records for a period of four years after each fiscal year allocation. Each of the
Parties, its officers, employees, agents and contractors shall have access to each of the
Parties' books, records, and documents related to this Agreement upon request. The access
to and inspection of such books, records, and documents by the Parties shall occur at any
reasonable time.
6. RELATIONSHIP OF PARTIES. The Parties are independent of each other and shall at no
time be legally responsible for any negligence on the part of the other Party, its employees,
agents or volunteers resulting in either bodily or personal injury or property damage to any
individual, property or corporation. It is understood and agreed that the Firm is acting as an
independent contractor and not as an employee of either of the Parties. Furthermore, it is
acknowledged that the Firm is not a party to this Agreement and nothing in this Agreement
should be construed to create any sort of contractual relationship between Islamorada and the
Fi rm .
MOD Windstorm Challenge Cost Sharing
Page 2 of 4
7. TAXES. The Parties are not subject to taxes and assessments with regard to the funds
shared under this Agreement.
8. INSURANCE. The Parties to this Agreement stipulate that each entity is a state
governmental agency as defined by Florida Statutes and represent to the other that it has
purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance,
or is self-insured, in amounts adequate to respond to any and all claims under federal or
state actions for civil rights violations, which are not limited by Florida Statutes Section
768.28 and Chapter 440, as well as any and all claims within the limitations of Florida
Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations
of Florida Statutes arising out of the activities governed by this Agreement. Each party
agrees to keep in full force and effect the required insurance coverage during the term of this
Agreement.
9. HOLD HARMLESS. To the extent allowed by law, each Party is liable for and must fully
defend, release, discharge, indemnify and hold harmless the other party, the members of
their governing boards, officers and employees, agents and contractors, from and against
any and all claims, demands, causes of action, losses, costs and expenses of whatever type
- including investigation and witness costs and expenses and attorneys' fees and costs - that
arise out of or are attributable to the operations under this Agreement except for those
claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses
that are the result of the sole negligence or malfeasance of the respective Party. The
purchase of the insurance required under this Agreement does not release or vitiate any
Party's obligations under this Section. No Party waives any of its sovereign immunity rights,
including but not limited to, those expressed in Section 768.28, Florida Statutes.
10. COMPLIANCE WITH LAWS. Each Party shall comply with all applicable laws of the State
of Florida and the federal government in carrying out their obligations under this agreement.
11. GOVERNING LAWSNENUE AND ATTORNEY FEES. This Agreement is governed by the
laws of the State of Florida and the United States. Venue for any dispute arising under this
Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is
entitled to a reasonable attorney's fee and costs.
12. ETHICS CLAUSE. Each party warrants that it has not employed, retained or otherwise had act
on its behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 01 0-1 990 or any County officer or employee in violation of Section 3 of Ordinance
No. 01 0-1990. For breach or violation of this provision, the County may, in its discretion, terminate
this agreement without liability and may also, in its discretion, recover the full amount of any fee,
commission, percentage, gift or consideration paid to the former County officer or employee.
13. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified
mail to the following:
COUNTY:
County Administrator
11 00 Simonton Street
Key West, FL 33040
ISLAMORADA:
Village Manager
P.O. Box 568
Islamorada, FL 33036
MOD Windstorm Challenge Cost Sharing
Page 3 of 4
&
County Attorney Suzanne Hutton
P. O. Box 1026
Key West, FL 33041
&
Nina Boniske, Village Attorney
2525 Ponce De Leon Blvd.
Suite 700
Coral Gables, FL 33134
14. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement or benefit of any service or program contemplated hereunder, and each party
agrees that neither the party nor any officer, agent, or employee of the Party shall have the
authority to inform, counselor otherwise indicate that any particular individual or groups of
individuals, entity or entities, have entitlements or benefits under this Agreement separate
and apart, inferior to or superior to the community in general or for the purposes
contemplated under this Agreement.
15. FULL UNDERSTANDING. This Agreement is the parties' final mutual
understanding regarding the subject matter hereof. I t replaces any earlier agreements or
understandings, whether written or oral. This Agreement cannot be modified or replaced
except by another written and signed agreement. ::s 0 ~
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I N WITNESS WHEREOF, each Party has caused this Agreement to ij@~utJla
by its duly authorized representative. r::;':;' . ';:: ~
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BOARD OF COUNTY COMMISSIONERS ~ ~
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OF MONROE COUNTY, FLORIDA
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ISLAMORADA, VILLAGE OF 'S~N~f$J~1
By: ~
~. age Manager
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(SEAy) i
ATTEST: DANNY L. KOLHAGE, CLERK
ayAaLJC. &JMt "t~
Deputy Clerk
(SEAL)
ATTEST:
By: ~~ ~~'I
Clerk -
APPROV D AS TO F
VILLAGE ATTORNEY
Weiss, Serota, Helfman, Pastoriza, Cole & Boniske, P.L.
MOD Windstorm Challenge Cost Sharing